Survey and Mistake Sample Clauses
Survey and Mistake. (1) The Buyer may survey the Land.
(2) If there is:
(a) an error in the boundaries or area of the Land;
(b) an encroachment by structures onto or from the Land; or
(c) a mistake or omission in describing the Property or the Seller’s title to it; which is:
(d) immaterial; or
(e) material, but the Buyer elects to complete this contract; the Buyer’s only remedy against the Seller is for compensation, but only if claimed by the Buyer in writing on or before settlement.
(3) The Buyer may not delay settlement or withhold any part of the Balance Purchase Price because of any compensation claim under clause 7.5(2).
(4) If there is a material error, encroachment or mistake, the Buyer may terminate this contract before settlement.
Survey and Mistake. (1) The Buyer may survey the Land.
(2) If :
(a) there is an error in the boundaries or area of the Land;
(b) there is an encroachment by structures onto or from the Land;
(c) there are Services that pass through the Land which do not service the Land and are not protected by any Encumbrance disclosed to the Buyer in this contract; or
(d) there is a mistake or omission in describing the Property or the Seller’s title to it, which is material, the Buyer may terminate this contract by notice to the Seller given before settlement.
(3) If a matter referred to in clause 7.5(2) is:
(a) immaterial; or
(b) material, but the Buyer elects to complete this contract, the Buyer’s only remedy against the Seller is for compensation, but only if claimed by the Buyer in writing on or before settlement.
(4) The Buyer may not delay settlement or withhold any part of the Balance Purchase Price because of any compensation claim under clause 7.5(3).
Survey and Mistake. (1) The Buyer may survey the Lot.
(2) If:
(a) there is an error in the boundaries or area of the Lot;
(b) there is an encroachment by structures onto or from the Lot that is not protected by statutory easement under Part 6A of the Land Title Act 1994;
(c) there are Services which pass through the Lot that do not service the Lot and are not:
(i) protected by any Encumbrance disclosed to the Buyer in this contract; or
(ii) protected by the statutory easements under Part 6A of the Land Title Act 1994; or
(d) there is a mistake or omission in describing the Lot or the Seller’s title to it, which is material, the Buyer may terminate this contract by notice to the Seller given before settlement.
(3) If a matter referred to in clause 7.5(2) is:
(a) immaterial; or
(b) material, but the Buyer elects to complete this contract; the Buyer’s only remedy against the Seller is for compensation, but only if claimed by the Buyer in writing before settlement.
(4) The Buyer may not delay settlement or withhold any part of the Balance Purchase Price because of any compensation claim under clause 7.5(3).
Survey and Mistake. (e) any competent authority has issued a current
(1) The Buyer may survey the Land.
(2) If: notice to treat, or notice of intention to resume, regarding any part of the Land;
Survey and Mistake. (1) The Buyer may survey the Land.
(2) If there is:
(a) a Minor Variation in the boundaries or area of the Land or;
(b) an encroachment by structures onto or from the Land; the Buyer is not entitled to terminate the Contract, refuse to settle, delay settlement or withhold any part of the Balance Purchase Price.
(3) The Buyer acknowledges that this clause is reasonably required by the Seller and has been inserted as:
(a) surveyor's requirements may make it necessary to make such variations;
(b) it may be required by the Local Authority;
(c) the Seller’s financier will require a certain number of unconditional contracts in order to provide funding to the development of the Estate;
(4) If the error in the boundaries or area of the Land is not a Minor Variation, then Special Condition 8.3 will apply.”
(k) Terms of Contract 4.1, 4.2, 7.4(1) – (4) inclusive, 7.6, 7.7 and 8.3, are deleted.
(l) Terms of Contract 7.8 is deleted and replaced with: ”7.8 The Seller need not contribute to the cost of building any retaining wall or any dividing fence between the Land and any adjoining land owned by it. The Buyer waives any right to Claim contribution from the Seller and indemnifies the Seller in respect of any Claim relating to any retaining wall or the fencing of the Land.”
(m) Terms of Contract 8.1 is deleted and replaced with:
8.1 The Land is at the risk of the Seller until settlement.”
(n) The following words are inserted at the end of Terms of Contract 10.2:
Survey and Mistake notice to treat, or notice of intention to resume,
(1) The Buyer may survey the Land.
(2) If: regarding any part of the Land;
Survey and Mistake. (e) there is an outstanding condition of a
(1) The Buyer may survey the Land.
(2) If there is: development approval attaching to the Land under section 73 of the Planning Act 2016 or
(a) (b)